Filing a lawsuit for an 18-wheeler crash may be the only way to get damages if the insurance company refuses to pay. When you are injured, you need a lawyer on your side to protect your case and advocate for you through what can be complex rules.
Whether a lawsuit is even necessary will depend on your case. Many cases are paid through insurance claims, though we may need to go to court instead to get things like punitive damages. In most cases, you file against both the driver and the company they work for, though this is not always possible with independent owner-operators. In any case, have a lawyer examine the evidence, negotiate with insurance companies, and put a value on your case.
Call Rhatigan Law Offices for a free case review with our Chicago truck accident lawyers today at (312) 578-8502.
Filing Insurance Claims for 18-Wheeler Accidents
Before even considering a lawsuit, an insurance claim might be the first best option.
Which Insurance Policy Covers the Crash?
In a car crash, there are at least three possible insurance policies to take note of, plus other possible policies:
- Your insurance policy
- The trucker’s insurance policy
- The trucking company’s policy
- Policies for any other drivers involved.
In Illinois, we use an at-fault or tort insurance system, meaning the at-fault driver’s policy pays. If the trucker was at fault, this means filing against their policy/the trucking company’s policy.
If our Joliet, IL truck accident lawyers take your case to court, the defendant’s insurance policy usually still pays damages and provides their lawyer.
Insurance Requirements Under 625 ILCS 5/7-203
All drivers must carry insurance policies with at least
- $25,000 per person for injuries
- $50,000 per accident for injuries
- $20,000 per accident for property damage.
Commercial drivers often carry higher coverage, as required under 49 CFR Part 387, but these are the minimums for what you would be able to file against for any at-fault driver.
You also must have $25,000 per person and $50,000 per accident of uninsured/underinsured motorist coverage (UM/UIM).
Is Illinois a No-Fault Insurance State?
No. Illinois uses an at-fault system, meaning the at-fault driver is the one whose insurance covers the crash, and you are not limited in filing a lawsuit against them.
In a no-fault system, each driver files through their own insurance and cannot pay unless they meet certain injury thresholds.
What Does My Insurance Pay For?
Your own insurance might have some optional coverages to help you after a crash. These are some of the most popular:
- Collision coverage to cover vehicle damage
- Medical payment coverage to pay for your hospital bills
- Comprehensive coverage to cover other vehicle damage that cannot be linked to a crash (e.g., a branch falling on a car).
When you use these, you usually pay a deductible, then the insurance covers the rest, up to policy limits. If you get paid these benefits first, then file a lawsuit, you may be repaid for deductibles in the lawsuit. Your insurance company may also “subrogate” your claim to recover the money they already spent on your claim out of your lawsuit winnings, but you keep the rest (minus legal fees).
What if the Trucker was Uninsured?
This should never happen, given that state law and federal trucking regulations require drivers and their motor carriers to be insured. However, in the rare case that the trucker who hit you is not covered – such as when a policy lapses for nonpayment – we can still sue them.
Trucking companies can often afford damages out of pocket, though individual drivers might not be able to. We can also tap into your UM/UIM coverage if they have no or low insurance.
Who Do You Sue in an 18-Wheeler Accident?
We have to follow fault in a truck accident case when deciding who to sue. However, multiple parties might be at fault, and sometimes trucking companies are at fault in place of their employers, even if the company did nothing wrong.
Other Drivers
Not every crash is the trucker’s fault. If another driver cut in front of them and caused them to suddenly swerve or roll, many more people could be injured by what that other driver did.
Some crashes also involve partial fault from multiple drivers, including other drivers.
Truckers
If you were hit by a negligent trucker, you usually include them in the case. Sometimes the trucker is the only at-fault party because they were self-employed or independent owner-operators who have no motor carrier they work for.
Trucking Company
The trucking company or motor carrier often hires the driver, so they can be liable for what their employee did in the course of their job. However, they can also be liable for their own mistakes.
Both types of liability are discussed below.
Freight Brokers and Forwarders
Shipping logistics are complex, and sometimes other companies called freight brokers or freight forwarders act as middlemen between the shipper and the motor carrier/trucking company. Freight brokers do not hire drivers directly, but they are supposed to find drivers or motor carriers that would fit the shipper’s needs.
If they do this negligently – such as by selecting an inexperienced motor carrier or a carrier that cannot handle hazardous materials – they could be on the hook for at least partial damages for the resulting crash.
Truck Manufacturers
Sometimes manufacturing defects cause trucks to be unsafe. If this is the case, and a failure causes the crash, the manufacturer might be liable, at least in part.
Mechanics and Inspectors
Sometimes outside shops are used to maintain trucks, but usually the trucking company has in-house mechanics, so any upkeep issues would still be the trucking company’s fault. The same is true with inspections, which usually come from in-house inspectors.
Governments Responsible for Road Conditions
If the city, state, or federal government failed to reasonably care for their roads, and those dangers caused the crash, you may have a case against the government. Alternatively, the claim might go against a contractor they hired to repair/maintain the roads.
Elements of Fault in an 18-Wheeler Accident
All of these elements need to be proven “by a preponderance of the evidence” to win your case. This means your claim is more likely than not to be true.
Duty
You must show that the defendant owed you a legal duty. This can come from an explicit law on the books or be based on what is reasonable in a given situation.
For example, trucking regulations and traffic laws lay out explicit rules, while unwritten “rules of the road” say to keep both hands on the wheel, look out for pedestrians, keep your eyes on the road, and more.
Breach
Breach of duty can stem from unreasonable acts or explicit legal violations. When a law put in place to keep people safe is violated, it is known as “negligence per se” and can qualify for the duty and breach elements.
Sometimes breach comes from inattention or even lack of skill or training.
Causation
You must show the defendant’s actions or inaction caused the crash. Partial fault is allowed if the accident had multiple causes.
If the defendant’s actions did not cause the crash, you cannot sue them. You also cannot sue if the accident was unavoidable, and no matter what the defendant did, the outcome would not have been different.
Damages
You must have been harmed to sue. Damages can include physical injuries, vehicle damage, economic damages, and more.
Trucking Company Responsibility
As mentioned, truckers can be responsible in place of their drivers or for their own mistakes.
Respondeat Superior
Respondeat superior means “let the master answer.” It is a legal principle that allows injured parties to sue the employer of the person who injured them, as long as all of these elements are met:
- An employee – not an independent contractor – caused the accident.
- The accident was caused by the employee’s negligence (i.e., they would normally be at fault).
- The accident was within the employee’s scope of their job duties (e.g., while a trucker was driving a truck).
Regulatory Violations
Trucking companies can be responsible for violations of trucking regulations meant to keep people safe. For example, hours of service rules keep truckers off the road beyond certain hours, but trucking companies sometimes push drivers to take on extra shifts when it would be illegal.
Trucking companies are also responsible for following licensing requirements, inspection requirements, and more.
Negligent Hiring and Retention
Trucking companies must use reasonable care when staffing their businesses. Hiring drivers they should have known would be dangerous could make them liable for the crashes they cause. This often happens when background checks are inadequate or skipped entirely.
Additionally, a trucker with known issues often needs to be fired. If they kept a dangerous driver on staff after knowing about problems, they are responsible for future problems.
Vehicle Maintenance and Upkeep
Trucking companies often own their vehicles and are liable for issues caused by improper maintenance or lacking inspections. In the same way they are responsible if they put a dangerous driver on the road, they are responsible for putting a dangerous truck on the road.
Common Trucking Regulatory Violations that Cause Crashes
If a truck driver or trucking company is responsible for any of these violations, we may be able to use that in our argument that they are at fault.
Hours of Service Requirements – 49 CFR Part 395
Under hours of service rules, truckers cannot stay on the road too long. These rules put the following limits in place:
- No driving more than 8 hours total without a 30-minute break.
- No driving more than 11 hours in a day without a 10-hour break.
- No driving beyond the 14th hour after their day starts without a 10-hour break.
- No more than 60 hours of driving in a 7-day cycle or 70 hours in an 8-day cycle without 34 hours off duty.
Electronic logs must be kept, and drivers must comply with these rules even if they work for multiple motor carriers in a given period.
Licensing Requirements – 49 CFR Part 383
Drivers of 18-wheelers need a commercial driver’s license (CDL).
Driver Health Qualifications – 49 CFR Part 391
Drivers must meet health requirements and cannot drive if they have serious health issues, such as uncontrolled diabetes that might cause them to pass out while driving.
Equipment Requirements – 49 CFR Part 393
Trucks need proper brakes, tires, lights, and other equipment.
HAZMAT Requirements – 49 CFR Part 177 and Part 397
There are rules for how trucks must be operated while carrying hazardous materials and what training drivers need, among other rules about what to do when a crash involves hazardous materials.
Inspection and Maintenance Requirements – 49 CFR Part 396
Trucking companies need to keep their vehicles in proper working order with regular maintenance and inspections. Drivers must also perform certain pre-drive inspections.
Steps of a Lawsuit for an 18-Wheeler Crash
Evidence Collection
Our lawyers will help you collect evidence from vehicle repair reports and appeals to witness statements and possible dash cam or security camera footage. We may also be able to obtain trucking “black box” data with hours of service logs and potentially even more data about the truck’s driving, brake status, etc. at the time of the crash.
Filing Complaint within Statute of Limitations – 735 ILCS 5/13-202
Under the statute of limitations for injuries in Illinois, you have to file your case within 2 years of the accident. You do this by filing a complaint in court and serving the defense with copies.
Pre-Trial Motions
At the start of the case, some issues might be narrowed. For example, the defense might stipulate to certain facts to cut down on what issues go to trial. There may also be motions about what evidence can or cannot be admitted.
Discovery
In the discovery stage, our Orland Park, IL truck accident lawyers can obtain evidence in the defense’s possession. We can demand video, driving logs, employment disciplinary records, truck maintenance logs, and all sorts of evidence that might give us the edge or uncover worse violations.
Pre-Trial Conferences
Judges will usually require parties to sit down and try to settle the case before setting it for trial. There may also be other status conferences and meetings to set trial dates.
Trial
At trial, we put on our case for the judge and jury and try to win in open court. Cases can – and often do – settle before this point, but they can settle once trial has begun as well.
How a Trial Works in an 18-Wheeler Lawsuit in Illinois
The following steps and stages of trial usually apply. Recall that we can keep negotiating the case with insurance during these stages and potentially settle faster.
Pre-Trial Issues
We may need to sharpen certain legal issues or get them cleared out of the way before trial. Most of these are legal issues the judge decides, such as whether the trucker counts as an “employee” for purposes of suing their “employer” trucking company.
At the start of trial, the main issues left to try in court are usually
- Who was at fault?
- How much are the damages?
Voir Dire/Jury Selection
Both sides get input into selecting the jury that will decide the case. We want to pick people who will be sympathetic to your case and understand where you are coming from and how much the accident truly cost you.
We can strike potentially biased jurors, like truck drivers. However, keeping them on might be beneficial if they can recognize how serious the driver’s mistakes were instead of just siding with the other trucker.
Witness List
Both sides need to disclose their witnesses beforehand, such as experts we may call to opine on your medical conditions, the truck damage, accident reconstruction, and economic damages.
Both sides get a chance to plan for experts and eyewitnesses.
Opening Statements
Trials start with the plaintiff making opening statements to the jury. Here, we explain what the case is about, what evidence they will see, and what decisions they need to make. We use this as the outline of our case, then fill in the blanks during the trial, wrapping everything up at the end.
The defense goes second with their opening statements.
Case In Chief
We put on our case in chief by calling witnesses and presenting evidence to the jury. We do not make arguments or talk directly to the jury during this stage. Typically, we will call you to the stand during this stage to testify about what happened to you and tell the story of the case.
The defense goes second.
Cross Examination
The defense can cross-examine and poke holes in our case while we put it on. While they put on their case, we can do the same to their witnesses.
After the defense’s cross-examinations, we can “redirect” with questions of our own to clarify answers or problems the witnesses presented.
Introducing Evidence
Evidence is introduced through witnesses. We can have witnesses lay foundation for what the evidence is (e.g., having you say that these papers are your medical bills), explain that it is accurate (e.g., with photos of the crash scene), and potentially even trace evidence back to its source (e.g., saying this video is the same video that came from a security camera).
Closing Arguments/Summation
At the end of the case, we summarize everything that happened and argue to the jury that these facts prove the defendant’s fault.
The defense goes second, but we get a final chance at the end to make a rebuttal and close out the case.
Jury Deliberations
After that, the jury takes time to decide the case. Just because the jury is taking a long time doesn’t mean your case is in jeopardy; they could just be deciding damages or specific degrees of fault.
Cases can still be settled before the decision is handed down.
Decisions
The jury announces the decision, and the judge orders payment.
Truck Accident Damages
Your damages involve a number of economic and non-economic damages to compensate you for the crash.
Medical Bills
Medical bills can be claimed to cover the full cost of care, from hospital stays to emergency treatment to physical therapy. Mental health care to treat PTSD and similar symptoms can also be included.
Lost Wages
If your injury keeps you from work, you are entitled to the lost wages and earnings. If your injury results in ongoing disabilities, we can project what you would have made before the accident and what your wages could be now, then claim the difference.
Vehicle Damage
Your vehicle damage may be severe because of the sheer size difference between passenger cars and 18-wheelers. If your car was totaled, we can seek its remaining value to put toward replacing it. If it needs repairs, we can sue for those costs and the reduced vehicle value.
Other Economic Damages
Other costs might also come when you are seriously injured, such as the need to pay for household services or childcare while you are in the hospital. These costs can be claimed, so save all receipts for expenses to discuss them with your Illinois 18-wheeler accident lawyer.
Non-Economic Damages
The term “non-economic damages” is often interchangeable with “pain and suffering” but may also be paid to cover “emotional distress” or “mental anguish.”
All harms, including injuries, mental and emotional distress, lost ability, and even embarrassment, can be compensated in an injury case. These damages pay for these intangible harms.
Punitive Damages
Sometimes when trucking companies commit serious trucking violations or other bad behavior, we can seek additional damages to punish them for what they did. These increase your winnings but are only available at trial.
FAQs for 18-Wheeler Accidents in Illinois
Are the Rules Different for Other Types of Trucks?
All commercial trucks follow very similar rules. Whether you were hit by an 18-wheeler or a smaller commercial truck – such as a box truck – you should still be able to bring a case under the same rules.
However, specific hours of service regulations and licensing requirements might be different depending on the vehicle.
Can I Sue if I Have Insurance?
Yes! You do not have to go through insurance in Illinois and can go straight to a lawsuit.
We use a fault-based system, which means that claims can be filed against the other driver’s insurance. However, you can also just take them straight to court, where their insurance policy will provide them with a lawyer and the money to pay damages if you win.
At least trying to settle through insurance is usually best, and our attorneys can help you with negotiations and filing.
How Do I Pay for My Lawyer in a Lawsuit?
Injury attorneys are typically paid out of a “contingency fee” arrangement. This means that we get a portion of the winnings in your case, and you pay nothing up front. It also means we only get paid if we win your case.
Call Our Illinois Lawyers for 18-Wheeler Accidents Today
Call Rhatigan Law Offices at (312) 578-8502 to get started on your case with a free case evaluation with our Aurora, IL truck accident lawyers.
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